Citation NR: 9632713
Decision Date: 11/15/96 Archive Date: 12/02/96
DOCKET NO. 90-03 536 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Chicago,
Illinois
THE ISSUE
Entitlement to service connection for the residuals of a head
injury.
REPRESENTATION
Appellant represented by: AMVETS
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Hilary L. Goodman, Counsel
The veteran had active service from September 1947 to March
1950.
In an April 1989 rating decision the veteran's claim for
service connection for the residuals of a head injury was
denied by the Chicago, Illinois, Regional Office (RO) as it
was concluded that no new and material evidence had been
submitted. The veteran initiated an appeal and a hearing was
held in the Indianapolis, Indiana, Regional Office, in
January 1990. The Board of Veterans' Appeals (Board)
remanded the veteran claim in November 1990 for the RO to
adjudicate the veteran's claim on a de novo basis. The
veteran's claim was denied in a December 1990 rating decision
and the Board entered a final decision on September 5, 1991.
The record shows that the veteran, in response to a request
from the RO, indicated in September 1989 that he had decided
in favor of a hearing in Washington, D.C., before the Board.
In a letter received by the RO, the veteran stated that he
intended to go to Washington, D.C., to appear before the
Board. The requested hearing was not scheduled prior to the
September 1991 Board decision.
In view of the aforementioned circumstances, the Board hereby
vacates the decision of September 5, 1991 (docket number 90-
03 536). A review will be made by another Member of the
Board who has conducted a hearing in the case and a new
decision will be entered as though the September 1991
decision had not been made.
CHARLES E. HOGEBOOM
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This decision to vacate is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (1995).
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